Can I work both a Permanant and Contract Role?

[cardiokan]

Hi all,

I was just after some advise. I currently work in a full time job 9-5 hours.

I am keen to get into contracting world but would like to test it out before making the jump. I have a very good secure permanant role and now in discussions over a contract role which is outside IR35. I have already got a company setup last year if i ever did make the jump into contracting.

I am wondering is it possible to do both permanant work and contracting at the same time? Is there methods to ensure my permanant company are not aware or should i notify them?

[NotAllThere]

This has been asked and answered many times. If your permanent employment contract says you need permission to work for someone else, then you need permission. If they find out, you'll be summarily dismissed.

Working two full time roles is very hard to do, since most clients will want you available during the day.

TL;DR - bad idea.

[jamesbrown]

To paraphrase, “what is the best way to commit fraud?”.

[BlasterBates]

As jamesbrown points out if they were to find out and you have overlapping timesheets then this moves into the realms of fraud/overcharging with all the potential unpleasant consequences, ie. being sued with a threat of criminal prosecution. An angry client could take you to the cleaners. For that reason if I were to run two contracts parallel I would at least keep it honest.

[BigDataPro]

Till date I have never been able to comprehend the idea of doing more than one role/job, especially as an IT contractor. After all, IT contractors are being paid a decent rate mostly, compared to the ones working on minimum daily wage.

I would go for multiple jobs, if I am on a minimum daily wage as one job is not at all sufficient to run a family but as an IT contractor, no chance.

I am not going to punish myself with over working. No thanks, I don't want to work myself to death. Rather I invest that time for upskilling, time with family, exercises, meditation, yoga, hobbies etc. etc.,

May be I am old school!

[Lance]

As jamesbrown points out if they were to find out and you have overlapping timesheets then this moves into the realms of fraud/overcharging with all the potential unpleasant consequences, ie. being sued with a threat of criminal prosecution. An angry client could take you to the cleaners. For that reason if I were to run two contracts parallel I would at least keep it honest.

The employer will just fire the OP. The client, at the very worst, will sue the LTD company to get their money back.
No way the police/CPS would be interested in prosecuting criminal fraud. The evidence bar is too high, and there would be little to no public interest in doing so.

IANAL and neither are you.

[BlasterBates]

The employer will just fire the OP. The client, at the very worst, will sue the LTD company to get their money back.
No way the police/CPS would be interested in prosecuting criminal fraud. The evidence bar is too high, and there would be little to no public interest in doing so.

IANAL and neither are you.

As you pointed out you're not a legal expert so you don't really know. What I do know though is that it's fraud.

[northernladuk]

As you pointed out you're not a legal expert so you don't really know. What I do know though is that it's fraud.

Not quite. It's a fine line but Breach of Contract deals with disappointed expectations where as fraud is the intent to inflict financial harm. That said it could start off with contract breach as he isn't delivering the terms but it only takes a lie or a misdirection on the OP's part to 'trick' the client and it starts falling in to fraud.

Either way, both are bad.

[BlasterBates]

Not quite. It's a fine line but Breach of Contract deals with disappointed expectations where as fraud is the intent to inflict financial harm. That said it could start off with contract breach as he isn't delivering the terms but it only takes a lie or a misdirection on the OP's part to 'trick' the client and it starts falling in to fraud.

Either way, both are bad.

Agreeing to work 40 hours and only working 20 hours is a breach of contract, charging 40 hours and working 20 is fraud, as you're misleading the client. That's what I mean.

[Lance]

Agreeing to work 40 hours and only working 20 hours is a breach of contract, charging 40 hours and working 20 is fraud, as you're misleading the client. That's what I mean.

strictly speaking the LTD. company is misleading the client by over-charging. Which is a B2B dispute. To tip the balance into anything more serious has a huge burden of proof.

The very worse this gets is in a court where the client can prove the work hasn't been done as invoiced. And that will be the end of it.